The drama in Wednesday's booting of three outspoken critics from a public meeting by state troopers nearly overshadowed the fact that a contract between a private firm and the state to manage and toll U.S. 36 for 50 years is all but sealed.

The High Performance Transportation Enterprise board voted unanimously for three parts of the U.S. 36 Managed Lane project agreement: the U.S. 36 concession financial close document; bond documentation; and a federal loan for the first phase of the highway's improvements.

The state's transportation commission at noon Thursday will consider — and most likely approve — the pact between the Colorado Department of Transportation and Plenary Roads Denver.

Cliff Smedley gets hauled out by Colorado State Patrol officer K. Zeller during the public comment period of CDOT's meeting Feb. 19, 2014. (John Leyba, The Denver Post)

The deal is expected to close next week.

Heated rhetoric has marked the final month of negotiation, with some claiming that the deal was made in secret and will siphon tax dollars away from Colorado.

The protesting continued into Wednesday's hearing before the HPTE board, which will oversee Plenary Roads' performance on the second phase of the overhaul of U.S. 36.

"This is just wrong," said Westminster resident Joe Stepniak, who asked that the state legislature be given more time to review the final contract. "At least give us 60 days, so people won't get screwed by this."

But others argued that residents and elected officials along the U.S. 36 corridor have worked for years for major improvements on the highway. A public-private partnership between Colorado and Plenary Roads was the only way to fund the project, they said.

"We have to do something, and a public-private partnership is our best option," Westminster Mayor Herb Atchison said.

The confrontation that led to the tossing out of the three critics began when CDOT announced it was shuffling the agenda to expand the allotted time for public comments during the HPTE meeting.

Lawyer Karen Hammer objected. Two members of the clean-energy advocacy group Drive SunShine Institute then tried to donate their allotted speaking time to Hammer, who said she represents the group.

Board chair Tim Gagen several times said time donation was not allowed. That prompted Hammer, Cliff Smedley and Ken Beitel to loudly protest. When they refused to leave the lectern, Gagen ordered them removed.

"I spent nine years in the National Guard to try and uphold the law, and today all that was smashed," said Smedley, whose arm was twisted behind his back by a trooper.

After the hearing, Hammer said the HPTE board violated the law by not allowing her to speak on behalf of her clients.

Drive SunShine Institute has led the effort to block the signing of the contract, and members of the group have said they will sue to stop it.

CDOT spokeswoman Amy Ford said the three did not follow long-held rules about addressing the HPTE board.

Colorado State Patrol officer K. Zeller prepares to haul out attorney Karen Hammer during the public comment period of CDOT's meeting on U.S. 36 on Feb. 19, 2014 a. (John Leyba, The Denver Post)

"It's unfortunate this happened," she said. "We wanted all participants to follow procedures so they can speak their minds."

Plenary Roads, a consortium of six companies with expertise from finance to construction to road design, was picked last spring by CDOT to complete the second phase of the $425 million U.S. 36 Managed Lanes project and maintain the entire corridor, including ice and snow removal, until 2063.

The company also will also maintain I-25 between U.S. 36 and downtown Denver.

Under the deal, Plenary will collect all revenues from the toll lanes being built in each direction of the turnpike.

General-purpose lanes, which already exist on the highway, will be widened for toll-free use by motorists.

CDOT says the proposed agreement is needed because there are no other financial options available to improve the highway. The contract, officials say, protects taxpayers while allowing Plenary Roads to assume all the financial risks of operating a toll road.

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